Definition
1. Each Party shall ensure that transparency procedures regarding the development of
technical regulations and conformity assessment procedures allow interested persons
of the Parties to participate at an early appropriate stage when amendments can still
be introduced and comments taken into account, except where urgent problems of
safety, health, environmental protection or national security arise or threaten to arise.
Where a consultation process regarding the development of technical regulations or
conformity assessment procedures is open to the public, each Party shall permit
persons of the other Party to participate on terms no less favourable than those
accorded to its own persons.
2. The Parties shall promote closer cooperation between the standardisation bodies
located within their respective territories with a view to facilitating, among other
things, the exchange of information about their respective activities, as well as the
harmonisation of standards based on mutual interest and reciprocity, according to
modalities to be agreed by the standardisation bodies concerned.
3. Each Party shall endeavour to allow a period of at least 60 days following its
transmission to the WTO Central Registry of Notifications of proposed technical
regulations and conformity assessment procedures for the other Party to provide
written comments, except where urgent problems of safety, health, environmental
protection or national security arise or threaten to arise. A Party shall give positive
consideration to a reasonable request to extend the comment period.
4. If a Party receives comments on its proposed technical regulation or conformity
assessment procedure from the other Party, it shall reply in writing to those
comments before the technical regulation or conformity assessment procedure is
adopted.
5. Each Party shall publish or otherwise make publicly available, in print or
electronically, its responses or a summary of its responses, to significant comments it receives, no later than the date it publishes the adopted technical regulation or
conformity assessment procedure.
6. Each Party shall, upon request of the other Party, provide information regarding the
objectives of, legal basis and rationale for, a technical regulation or conformity
assessment procedure, that the Party has adopted or is proposing to adopt.
7. A Party shall give positive consideration to a reasonable request from the other Party,
received prior to the end of the comment period following the transmission of a
proposed technical regulation, to establish or extend the period of time between the
adoption of the technical regulation and the day upon which it is applicable, except
where the delay would be ineffective in fulfilling the legitimate objectives pursued.
8. Each Party shall ensure that its adopted technical regulations and conformity
assessment procedures are publicly available on official websites.
9. If a Party detains at a port of entry a good imported from the territory of the other
Party on the grounds that the good has failed to comply with a technical regulation, it
shall, without undue delay, notify the importer of the reasons for the detention of the
good.